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MANHATTAN THEATRE CLUB, INC. v. BOHEMIAN BENEVOLENT & LITERARY ASS'N OF THE CITY OF NEW YORK

102 A.D.2d 788 (1984)

Manhattan Theatre Club, Inc., Appellant, v. Bohemian Benevolent and Literary Association of the City of New York, Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

June 28, 1984

¶ The facts are as stated in the dissenting opinion. However, we reject the notion that the concept of delivery should be confined to a contract involving a leasehold interest. As the Court of Appeals noted in 219 Broadway Corp. v Alexander's, Inc. (46 N.Y.2d 506, 511), the concept of delivery is not an archaic principle of property law, but rather is "fundamental to the conveyance of an interest in land." Analyzing the practicalities...

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